The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-03
SAKCIITY OF THE GRAND JURY
MUSr pE MAINTAINED.
IL 10 the Only Way Citizens Can be
Secure From the Iron Heels
OF Oppression.
A FAIR AND MANLY PROPOSE
TON TO JUPSE DUBOsE.
Can and will He Insist Upon
Trying The Cases s-Gen.
Chalmers Talks.


business and professional walks Of life,
the latter class being composed mostly
Of legal gentlemen. 1t was known
that mighty struggle between the
powers that ne and counsel for Presi-
dent d. P. Hidden would take place,
based on the p cas- In abatement filed
by the latter gentleman Monday In
answer TO the indictments hanging
over him in that court He was rep.
resented by Gen. Luke L. Wright and
Judge Sam T. Walker, and the attor.
neys REPRESENTING COL. John 4
Randle, Ospt. James Lee, IT,, and
County Trustee Andrew ]. Harris,
Who are also members OF the favored
circle, occupied oosi.ions inside the
railing. They were Judge r. J.
Morgan and Col. L. b Mcfarland,
for Col. Randle; Col. Josiah Patterson
for Capt Lee; Col. George CAN'T, Col.
W. A. Collier and NJ. +. I. Edmond.
son for Trustee Harris. The State
was represented by Attorney General
Peters and Messrs. Harris 4 Chalmers,
the latter retained by unknown par.
ties. The present great legal battle
was wsged by counsel for President
Hadden on the one hand, and Msssrs.
Psters 4 Chalmers for the State, 10 be-
ing understood that OBJ. Harris will
only assist at this time by bis ad-
vice. A number of outside lawyers
were given seats inside the railing,
aud during the proceedings paid the
closest attention, fully reco Snizlng the
gravity OF the occasion and the emf.
nent minds engsged In the contest.
Court was opened nj $3.50 o'clock,
but on account Of some hitch In the
abatement cases, they were not ken
mp until 10. Attorney q sneral Peters
stated that Messre. Harris x Chalmers
would appear for the prosecution, fol.
lowing II up with their ultimatum
concerning the pleas. To numbers
one and two they demnned, and
number thr.e aud the affidavit they
moved 81 srke from the flee az
impertineni. scandalous and con.
teptuous.
Gen. Wright suggested that there
was q question preliminary 10 that,
which was that HIS Honor should
decide whether or not he would pre-.
side at the trial. Tho plea was an
sfiidavit Of the defendant, sworn 10,
that he did not believe he couli
secure o far and impartial trial u the
case was heard by Judge DuBose.
On the back of the sfiidsvit appeared
the Endorsement Plea No. T." but Il
was In the clerks hand writing ant
could be eanily corrected.
II wac fnaly determined 10 argul
the questions, and Gsn. Wright asked
what the order won a be, stating tina
the defense claimed the right TO oper
and cloee. The court took the same
view OF II, tbs State acquelsced, and
arecess Of bali an hour was taken to
enable the lawyers 10 look up authori.
ties. When court reconvened, Gen.
Wright read the affidavit and Plea No.
3, the matters In dispute, and began
MA ARGUMENT.
He began by stating that II was
. very embarrassing position
both Tor court and counsel TO oc.
cupy, In the discussion aud disposi.
tion Of this motion, and that personal.
ly-and he believed also that he coul IA
make the sane statement for hla col.
league, judge Walksr-it was with OK.
IRENE reluctance that he approached
the debate OF o mot on which involve.
tie Judicial fairn6ss OF any Judge. Bat
at the same time, representing ~ they
did, their clienu, aud believing Il "a
be their Imperative duty 10 present ~
the form In which II WAS presented
this motion 10 the court, they had moi
Lalled 20 do 20; and hey nov invoked
from the court Temperate and thor
oush consideration II the reasons
which they would present TO the
court why the motion should be al
lowed.
The general sald that he was awar,
that the matters AID things contained
In the pleas and In tho ati iayit were
calculsted 10 pr iduce heat, but al Che
sams time he believed that the de
iendant would recsive a fair consider
alton oil the question at the hands O
the court that ne was not spe king q
any mere question Of delicacy, be-
cause that, perhaps, was not ueetio,
that could With proprisiy he dlscus.e,
In that presence, and II was for Hi
Honor 10 say whether, under all tn,
circumstances dstAlled In the affidavit
the PROPERTIES Of the occasion woul,
not demsnd, without farther discus
sion, an Interchange with soms othe
Judge, whom, Of courSe, HIS Homo
would select.
Bat looking At ID from a cold leg,
standpoint, he submitted tina, hi
Honor, Judge Dab Go, was not a com
peteni and proper Judge. lie cite,
the provisions oil the Constitution q
Tennessee pr,viding that no judge q
The supreme Court, Circuit Court @
Inferior .oourl shall proceed 4. th
trial OF any case In the event OF Hhlc
he may be Interested, or where elths
oil the parties shall be connected wit
him eth q by all al y or consan guinit-
within such oegrees as may be pr,
scrlbed by law, or In which he ma
have baen oil counsel, or Ia which h
may have preeidad In the ibferit
court except by consent of ali m
peihthf hhu CRnNtnnfO tnnt unui
that prov sion OF the Constitution, tH
queetiena preteot the mselyes-
!. Had the CONT suoh an in,erest !
Ia contemplated In the section quote,
and
2, Whist was mean, by being Of coul
Bel In case.
He proceeded 10 argue that the n
terest which toe court had maniiests
In the proceedings was such an int
60, 10 10 disqnaliiy the jndge presidir
hon eituoa curing the trial, admittir
at the outset that mere personal n
feeling was not soil lent 10 d. qualiI
q Judge, but drawing the diatinCtio
that la tho case the Judge has gor
further thm thai, aud his feeliuj
have prompted action, and the judI
had taken tbs allegat on8 Of the III
dayit 10 be- true, ~ they must be tai,
Tor tho pufppso Of the argument, 81
rumed tbs dutes II q prosecutor :
well ~ n jioge. II a tinge dolla,
pecunlaIy Interest wac Btflilcient /
.s...aasaaa $780, I-s|sss.l. 4.